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(영문) 인천지방법원 2021.03.11 2020가단257608

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On December 1, 2009, the deceased E (hereinafter “the Deceased”) drafted a loan certificate with the following content to the Plaintiff.

I think that the above amount is 200,000,000 Won(20,000,000) and is being borrowed and used well as interest free of interest from A.I.D. to do so.

It shall be repaid at a prompt time, but it shall be repaid in 2015 because the position and circumstances are difficult.

The borrower: A on December 1, 2009: 204

B. As the inheritor of the deceased, there are Defendants B, C, and D, the spouse of the deceased.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. The Plaintiff, the cause of the Plaintiff, borrowed KRW 20,000,000 to the Deceased and received reimbursement of KRW 120,000,00 from the Defendant, the inheritor of the Deceased. As such, the Plaintiff is obligated to pay the Defendants, the deceased’s inheritor, according to their respective shares of inheritance, KRW 34,285,714, KRW 34,285,714, KRW 22,857,142, and delayed damages against the Defendant C and D, respectively.

3. Determination

A. According to the above facts of recognition, the Defendants, the inheritor of the deceased, are obligated to pay to the Plaintiff the remainder of KRW 80,000,000, excluding the amount paid out of the borrowed money of the deceased, in proportion to their shares of inheritance, barring any special circumstance.

B. As to this, the Defendants asserted to the effect that the Plaintiff exempted the remainder of the obligation against the Defendants, the Plaintiff received reimbursement of KRW 120,000,000 from the Defendant around December 2, 2019, which was after the death of the Deceased, from the Defendant on the following grounds: (a) around December 2019, the Plaintiff received reimbursement of KRW 120,00,000 from the Defendant; and (b) made and sealed the receipt as follows at the time of the said reimbursement; and (c) made and sealed the obstacles to the said receipt.

Neither 120 million won nor 14 December 14, 2019 nor 20 million won was paid to Neither Party B nor Party.

A According to the above facts, the Plaintiff is paid KRW 120,000,000 from the Defendant.